Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1887-08-12
TRIED FOR HIS LIFE.
Av1xArrp DISCUSSION ovzR IN
srRucrIons IN LANGsr0N's TRIAL,
An Important Instruction Asked for oy
the Prosecution and tho Defence
Ixcepts- Admitted by the Court.
correspondence Of the Richmond Dispash'j
prrrReBuna. August II, 1887.


PETERSBURG, August II, 1887.
The trial OF Frank Langston for the
mn rider of John II. Ruflin was resumed
This morning. The evidence having
been concluded last night 10y rebuttal
testimony on the part OF the Common
wealth, the first thing done tins morn
ino when the court was opened was the
Offering Of instructions by both tue
prosecution and defence. These were
elaborate and provoked discussion I'M
til tho hour Of adjournment this alter
noon. No objection was made 10 the
instructions asked for by the defence,
Int the sevt nth instruction asked FOR
ly the prosecution met with strenuous
onpcsition on the part of the defence,
and a lengthy ,nd animated argument
followed MS 10 its legality.
The jury were not in their seats to-
day during the discussion OF the IN
structions, being allowed the privilege
OF exercising themselves under the
custody of the sheriff. The following
is the seventh instruction asked for by
the defence, and which was finally al
lowed by the Court:
"If person unlawfully and VITA
malice afOretbought iAtilct upon an
other either wound which will neccs-
sarily produce death unless properly
treated or operated upon, or wound
which endaugers liie, aud the person
so wounded dies from such wound
within year and day after receiving
II, the person so inilicting the wound
Is guilty OF murder; and this is trle
although it may appear that the sur
geons called in to attend and relieve the
pe,or either improperly treated him
or treated him according To plan OF
doubtful propricty, and that their tre't-
nent did. in fact, aggrsyste or may
have aggravated the wound, and 80 con-
triLulsd 70 the death oil the person
wounded.
"lbe law does not prevent g person
WHO NAV. unlav fully and Intentionally.
innct upon another a wound which will
certainly produce death unless treated
oroperatcd upon, or a wound endan2er-
ing life sId calculated TO produce
death. and from which the wounded
person dies, TO relieve himself from
The responsibility of the person 50
d,ipg-no matter whether the attend
ing surgeons have properly or
Improperly trested the wounded
person, and no matter whether or not
it appear that with different treat
ment the wounded person might have
stood a better chance of recovery:
When any such wound is so inflicted
and the wounded person dies from 1t
the law does not prevent the person in
ficting it to shelter himself behind and
take advantage Of any doubt which dis
agreeing doctors may raise as to the
proper treatment of the person wound
Cd"
The defence took exception to this
instruction. The exceptions taken TO
the rulings of the Count during the
progress of the trial have been nu-
nerous. and indicate thst with an un-
favorable verdict 10 tho prisoner the
matter viii be carried TO n higher
court CD IN application for writ Of
error.
The defence have lana great stfesS on
the treatment of Rufin after receiving
bis wound, and have striven to show
that the operation of laparstomy was
not properly performed and was instru-
mental in causing death.
After the argument on the instruc-
lions was concluded mt $50 p. NJ. the
Court took a recess until +:3D p. NJ,
when it gave Instructions to the jury,
snd the argument for the prosecution
vas opened by ex-Goyernor William &.
Cameron.
Ex-Governor Cameron opened the
argument for the prosecution this AZ
tenoon and spoke for three hours
The courtroom was packed during the
whole time. lie reviewed the evidence
closely, laid special stress on the in-
stluctlous given by the Court, and
summed up with q demand for the vim
dicaticn cf the laws and an eloquent
appeal for justice. lie asked fora YER
DICT Of murder in the first degree. The
Sc. crsl impression prevails that the
Jury VIII fail to agree on \ verdict.